he shall get nothing by the Cause he will be studious for his owne ease to doe speedy Justice for why then should it cumber the Court longer then needs must and that is the reason that many States maintaine Lawyers at the publick Charge that so expecting nothing from the Clyent they may steere their advise the speediest way to the haven of Iustice But whatever complaint may be made of us truely for the generality we doe but taste of the broth of commodity the Clerkes and great Officers of Courts put their ladles to the bottome of the Pot and are even drowned in the sweet liquor of potable gold 2 This honourable Calling and maintenance is in the nature of baile Acutos honoris stimulos Ingenius malvezzi as a cautionary assurance to the Kingdome to answer for their judiciall administrations and I conceive Honour obliges and engages more then profit yet not so as to superabound in wealth and power least they should command as Lords and not as fathers 3 Judges should therefore be great that they may dare to doe Justice as Gascoigne committed Hen. the 5. Hollinshed upon a Bishops complaint Hen. 4. rejoyced that he had a Iudge durst doe Iustice upon the Prince and a Son that would be so obedient I shall tell you of a gallant peece of Iustice to recompence that of Piso In the great Warres betweene Charles the fifth and Francis the first one Raynucio was imprisoned at Millan for betraying a Fort to the French his wife who for beauty was called the Nose-gay of the Parish petitioned the Governour for her Husbands inlargement the Governour our being so enamoured that there was little hopes of liberty had there been no more in it but that he might behold the Lady who daily attended with Petitions being able to conceale the fire no longer told her that his life was in her hands and he was as much her Prisoner as her Husband was his and that she must yeeld to his desire or be an undone widow the vertuous soule covered her cheekes with the colour of Roses and desired to speake with her Husband whom she made acquainted with it telling him that if her life would save his she would gladly lose it but my honour being required you must prepare for death he commended her magnanimity and how sad their parting was you may easier conceive then I can expresse the houre being appointed for his execution he considered that life was sweet and skin aâ—ter skin one thing after another what would not he doe to preserve a little momentary breath sends for his deare Consort Communis error non facit jus True honour consists in a Christian sufferance of the greatest misery rather then to commit the least sinne and cries to her as if he had beene her childe to yeeld to the Governour and to win her consent saies First that honour consists but in the opinion of the world and that a sinne wholly concealed is halfe pardoned as the Priests use to say Secondly That Spaniards are most faithfull in keeping promise and no doubt he would sweare never to reveale it Thirdly That he would be the death of him as by the Law of Spaine he might for any man may kill him that lyes with his wife the provocation being so great In Italy he must kill his wife as well as the Adulterer or else he dyes for it as being presumed that he did it not in the way of Iustice but revenge the poore soule yeelds for as Job saies if this be the condition of our temporall being The least fall from grace is a fall from Pauls that we never continue in the same condition much more are our spirits mutable as they are more subtill not that I speake this in the least title to justifie her for should I goe about to excuse it it might be a greater sinne in me then the offence was in her as for a Lawyer wittingly to Patronize an unjust Cause is worse in him then in the Clyent Garcias had her in his power as a bird insnared and being weary dismisses her with a promise to set her Husband at liberty but the Spaniard considering that a man or womans honour is like a great Fort take that and you command all the rest tells the Prisoner that he must pay ten thousand Crownes redemption she with much difficulty satisfies that demand likewise and was promised that her Husband should be sent home to her house the next day but the persidious Governour bethinking himselfe what danger he might incur from the Emperour and fearing that the man might be revenged on him for dead men doe not bite therefore in some places of Italy you may have a man killed for five shillings but not cudgelled under twenty sent a Priest to him to prepare himselfe for death and caused his body divided from his head to be sent home the next day in performance of his promise now for the poore soule to see her selfe deprived of Husband Honour and goods altogether her griefe was above expression and the torment the greater that if it were discovered she would be abhorred and if concealed it could not be cured at last with extreame shame she made it knowne to a friend both able and faithfull Hercules Estius Now the Duke of Ferrara being Generall for the Emperour Aemelia presents her requests for Iustice against Garcias who was convented at Ferrara and thinking that as the Adultery of Mars and Venus served onely for sport in the Court of the Heathen Gods thought that the Generall would but laugh at the conceit or at the worst would remand him to his Command at Milan perswading himselfe that in such a case his Souldiers would not let him suffer he confessed the fact said it was so pleasing a sinne that it was impossible he should ever repent of it and upon the matter told the Generall that the Traitor was deservedly executed and therefore he was not troubled at what might be the event of it Saies the Duke Why am I made great but that I should doe Justice upon the greatest offender Garcias said the Duke you must restore to this Lady her ravisht honour Sir saies he That is impossible and what 's past helpe shall be past greife But you may Marry her saies the Duke for you loved her once and you must love her for ever or lose your life and that you shall doe this day I loved her indeed saies Garcias as Herod loved Mariamma or as the Hunter loves the Venison to make sport or to feed upon it but I am not prepared for death therefore I chuse rather to Marry her Aemilia upon her knees intreates that she may rather dye then Marry him whom she so much abhorred but the Duke having whispered with her she submitted to his good pleasure The same Priest joyned them together by vertue whereof she was intitled to his Estate and of a forced bargaine Garcias hoped to make the best
THE VINDICATION OF The Law So far forth as Scripture and right Reason may be Iudge and speedy Iustice which exalts a Nation may be advanced VVherein is declared what manner of persons Christian Magistrates Iudges and Lawyers ought to be By Iohn Cooke of Graies Inne now chief Justice of the Province of Munster 1652. LONDON Printed for Matthew Walbancke and are to be sold at his shop at Graies Inne Gate 1652. The Vindication of the professors and profession of the Law so farre forth as Scripture and right reason may be Iudge and speedy Justice which exalts a Nation may be advanced EVery Anonimous impression though nothing but truth should be published specially in a divided Kingdome where truth usually gets as many Enemies as Freinds is in my opinion a breach of the Peace as tending directly to make divisions and breed quarrells by exposing every man to unjust censures for that Child which has no legall Father is every mans Child in vulgar reputation Qui non habet patrem populus est illi pâ—tor then differences in Judgment unhappily through the pride of mans nature generate disaffections my selfe having beene brow-beaten as conceived to have a hand in some impressions whereas I had not a finger in any print since these commonly called unhappy times and I confesse in many respects so they are though for my owne particular I looke upon them as the most glorious times that ever were since the Apostles because I doubt not but Antichrist and all the Enemies of Jesus Christ shall bee utterly destroyed and He set upon the Throne which God grant Hee that thinkes he writes a truth why should hee be ashamed to owne it let him in the name of God stand boldly to it for great is tâ—e truth both divine and morall and it shall prevaile every Christian is bound to free that which makes him Free And when the issue is legitimate no man denyes to be called Father but every nameles Pamphlet b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 condemnes it selfe and makes both the Author and Printer guilty of a conspiracie against the Kingdome for which I conceive they may be indited and bound to their good behaviour which if it be crosse grained to his opinion who is author of a treatise concerning the liberty of the Presse who is certainely a most ingenious rational Gent. at least we agree in the root as Brethren The motive inducing mee hereunto is that I finde a generall aspersion cast upon our profession which wee ought in honour to vindicate for the difference will stand thus when a particular person is abused many times it may bee the most Christian prudence to neglect a Calumny and let it die as the rule is c Multa non â—onfirmantur tacendo Sed despiciuntur non â—efellendo many things are rather despised then confirmed by Silence But when Courts professâ—ons or trades are traduced then in such a case an Answer must be given as obliquely concerning the whole Kingdome it reflecting upon the wisdome of the Supreame power to suffer generall abuses and Silence may be interpreted to be a consent according to the common rule d Qui tacet conâ—entire vidâ—tur Silence gives consent which how ever learned Dodridg qualifies with this restriction when it is for the benefit of him that is silent e Qâ—ando loquitur pro ejus Commado tacens habetur pro â—onsentiente in materia honorabili â—no vitupe rabili As that of the Jewes to our Saviour f ohn 8.48 Say we not well that thou art a Samaritan and hast a Devill Iesus Answered and said I have no Dâ—vill implying himselfe to be the good Samaritan mentioned by St. g Luke 10.33 Luke Yet upon the reason of our Law if a man shall bee called Rogue or Thiefe to his face and hold his peace this may be some evidence against him if he be afterwards questioned affronted in the same kinde therefore this being sold it Westminster Hall so as notice must needs be taken of it And considering that many of my worthy Brethren are in the Country and many otherwise imployed And when many are concerned in a matter it is usually put off fâ—om one to another and nothing don in it I resolved therefore to say something against it something for it something about it something besides it The Advertiser begines with a Roman spirit and I must embrace truth wheresoever I meete it The Roman Barons indeed being ambitious of the Senate and chiefest Offices which were conferred by popular election knowing it to bee the onely way to ingratiate themselves with the people to get many suffrages studied the Law and Physicke and pleaded causes without Fee studying as the Cardinal did with a Net till hee had caught the Fish or as it were fishing with a Gudgin to catch a Pike and so they had (h) Which occasioned that mistake in some Historians that there were no Physitians in Room for 500 yeares Physitians without Fee As poore men with us are in all Courts admitted both to sue and defend Gratis in forma pauperis which might bee a sufficient answer to that Roman instance But why should the taking of Fees be counted dishonourable which is not a (i) Non mercenarium sed honorarium mercenary wages but an honorary requitall which may be taken but not required though I believe many pay a very vaâ—uable and meritorious consideration for what they receave so many (k) Per ambulatione facienda walkes taken to Westminster and such attendances there that a Porter would scarce take the paines for 5 s. that if some have too much others have too little I confesse it were a glorious thing rather to be (l) Optandum non expectandum wished then as yet to bee hoped for that Ministers Coâ—nsellors and Physitians being of such noble professions would exact nothing if they had otherwise sufficient (m) Ne videantur id vendere quod estimari nequeat least they should seeme to sell that which is invaluable every man ought to give his Clyent (n) Bonum fidele Consilium good and faithfull Councell which is inestimable for though the paines may yet the fidelity cannot be required I have knowne a word put in by an eminent practiser advantage his Client 1000 l. in the way of truth yet in that case he must be content with a moderate Fee and the further requitall must be in other Coine by a thankfull recognition or by helping him to other Clients He that lends me a Horse which proves so swift of foote that I escape from the enemy though I pay the horse hire I am still engaged to the owner if by Gods blessing upon the Physitians meanes a man recover of a dangerous sicknesse health is a Jewell and invaluable and if not the gift of the Holy Ghost much lesse can the spirit it selfe be purchased But yet some incouragement there must be as
to the judgement of Heaven for the poore French men complaine of the multiplicity of appeales that one Court will Judge according to science another according to Conscience and a third according to Justice and that ambiguous case of the three Rings A man settle his Land upon that Child which shall have a certaine gold Ring which was for many yeares enjoyed accordingly at last one discreet Father bearing an equall affection to his three Sonnes caused a skilfull Artificer to make two other Rings for weight matter and forme so exactly alike that the true Ring could not be distinguished and gave unto each sonne a Ring who after his death went to Law for the estate but the right to this day cannot be determined with many other ingenious Cases wherein the Civilians abound but in this sence too much honey is not good I know the swelling of any Court above the bankes is like a deluge or an inundation of waters prodigious to a Kingdom the other Courts must needs suffer as when the spleene is in the Tide the other parts are in the Ebb but blessed be God there is a musicall concordance and sweet harmoney betweene our Courts of Law and equitie Sicut manus manum juvat our Courts of Justice are all Sisters as the Muses were that do not incroach upon but are helpfull to one another as one hand helpes another Concerning Delatory proceedings if Anonimus knew what tedious protractions the Subjects in Fâ—ance and other Kingdomes suffer under hee would not bee so impatient King Iames in that Speech of his in Starchamber 1614. promised to expunge all unnecessarie delayes and Ceremoniall formalities which were adversaries to the procuring of a speedy well grounded Justice and truly it is much to be wished that right might bee had at a cheaper rate that Justice in all Courts might passe at an easier charge that those weeds of needlesse charge and brambles of expence that grow about the vine of Justice might be plucked up and rooted out as farre as possible might be that the Client might have that for 6. d. for which he paies 12. d. and blessed be God for hopefull beginnings since these right honourable and right worthy Commissioners for the Great Seale have come in justice hath run in a more fluent streame and purer channell not dropt as formerly in two or three Termes the matter is ended unlesse the course of the Court be interrupted by circular motions which many times makes such a diversion that it is hard to reduce it to a regular proceeding for at the Barre too much is manytimes spoken but not inough whatsoever tends to the victory in way of veritie is to be spoken for the Client and no more when men come to fight they brave it not but strike at the heart let not an impertinent word be used in a Court of Justice if no motion might be heard unlesse the otherside had notice of the intention to move it might advantage both parties certainly but the most ancient honorable Courts are not without gray haires As the German inventor of Guns toldâ— Apollo it was that none should dare to make Warres I wish all Copies might containe 20. lines in every sheet to be written orderly and unwastfully I have often thought that the widenesse of the lines was that the parties might meet and agree finding copies so chargable and I conceive no answer ought to bee referred as insufficient without shewing some particular point of the defect and why should not Bills be dismist of course without motion some other practises fall under consideration as common Recoveries what necessitie there is of them why a Fine may not aswell serve to cut off reversions next whether in conscience the will of the donor ought to be violated then for collaterall Warranties why should not the strongest presumptions give place to the weakest proofes we read of those that have sworne themselves to be Whores to disinherit their own issue And for Out lawries why should the personall Estate be forfeited more reason to seise upon it for the debt the profits of the Land forfeited til a Feofment be made the Kings hand amoved and yet the Outlawry remaines and how easily are Outlawries reversed and what fruit has the partie of all his labour A man borrowes one thousand pound and purchases Land and dies the heire before his Father bee cold makes a Conveyance now the land is discharged from payment of debts Why is the heyre bound unlesse the Land bee chargeable after an alienation other things are yet amisse in matters testimentary and matrimoniall in charitie a man meddles with the goods of an intestate to see him buryed upon pleading that he was never Exector I know not how farre a man may suffer in that case why should not our common Law Judges determine legacies for goods as well as for lands Why may not a Legatee bring an Action of Debt against the Executor as well as a Creditor why may not our Judges determine what is a Contract of Marriage as well as other Contracts but let no man despise the day of small things for my owne part when I consider the noble propensitie in our right Honourable Commissioners and the Honourable the Master of the Rolls whose names for their unwearied pains and extraordinary diligence in the judicious and faithfull discharge of those great places of trust committed unto them so much conducing to publike security will bee honoured and renowned to all posterity to expedite matters in difference asking the counsell many times will your Client referre the matter telling us that they cannot endure trifling and nicities I rejoyce at that spirit of Reformation which I see orient in that court and much marvell that causes should depend halfe so long as they do so true is it that negotiations are easily dispatcht by many and it is no small security to the Kingdome that the seale is intrusted into so many safe hands for if the mole of Chancery lay upon the shoulder of one ATLAS hee would finde it weight inough to support and I have often thought that if it were possible a Chancellor or Lord Keeper should not have only infallibility because his assertion is of Pythagorical authority and that for the greatest estate in the Kingdome upon suggestion of a Trust but likewise impeccability least he should doe any thing against conscience yet notwithstanding if the wisdome of Parliament in whom the publique Judgment of state is lodged should conferre that honourable charge upon one as formerly no doubt whom God calls to any place he gives ability to discharge it for when God places any man in the Chaire of Justice he never puts himselfe besides the Cushion specially when Gods favorites are made Judges he is with them in the Judgment but of that more hereafter Concerning Bills of Chancery true it is that many times more is demanded then is due that so the just debt may be confessed but
person for so high a place nay what if I should say unlesse hee be active and zealous for a Judge should be couragious in executing his Office and in Gods cause I would faine aske another question for thankes bee to God and our good Parliament these are times of Christian liberty the Lord grant that no man abuse it by turning liberty into licentiousnesse for a man to beat himselfe and strike every man that hee meets and speake irreverently against authority this is no Christian liberty but a furious Bedlam meriting madnesse whether he that is not a good man can be a good Iudge To feare God and honour authority are inseperable the image of God shining in the face of a Parliament obliges to all reverence and obedience the reason of the doubt is because Iustice is a morall virtue and not religious for no doubt there are many good Iustices amongst infidells and some that doe justice even for the love of it for a Phylosopher may goe so farre but in a Kingdome professing Christianity as in the preamble of the Covenant which is as the key to open the meaning of it the words are having before our eyes the glory of God and the advancement of the Kingdome of our Lord and Saviour Iesus Christ c. I conceive no man ought to be set upon so high a pinnacle of honour as to be intrusted with the lives reputaions Zelo vindictae pro fama virtutis amore non pro honore Dei Vltra sphaeram activitatis si manducat peccà t minus lamen si non est homicidd Exod. 18.21 2. Sam. 22.3 Se the Annotations of the learned Divines upon 2 Sam. 23.3 a work very praise worthy and estates of the Kingdome unlesse he can have that before his eyes which no unregenerate man can have a naturall man may doe justice betweene partie and partie for a private revenge or to gaine popular applause or for the love to justice a virtue in it selfe so sweet and amiable but for Gods enemy as every unconverted man is to ayme at his glory and to set Iesus Christ upon his throne that is above the sphere of his activity the naturall man cannot act supernaturally if he eates he sinnes if not he is a murderer as not acting from right principles nor to a right end Moses was commanded to appoint Judges which had 4. excellent qualities First able men no doubt he meant sanctified abilities for learning without Religion is lame and Religion without Learning is blinde Secondly fearing God hee that ruleth over men must be just ruling in the feare of God hee that commands others to deale justly must be just himseâ—fe otherwise you thinke to straighten a sticke by a crooked rule which must bee from an inward principle the feare of God in whose right and place he ruleth a Judge must so feare God as to be altogether just not in part onely but intirely just in measure and degree not to be just to some but to all and to all alike and at all times and seasons 3. Men of truth every man is naturally a true man every honest man is morally and legally a true man but a Judge must bee a man altogether composed of sanctified truth and Justice 4. Hating Covetousnesse it s one thing not to be a covetous man and another thing to hate Covetousnesse as it is one thing not to sweare another thing to feare an oath for any man that is notoriously known to be a Griper and a covetous person to be made a justicer is to place Avarice upon the Bench and not Justice But who shall be Judge in this matter Truly who shall judge whether it be day or no how doe I know that I am a man In doubtfull matters the supream and ultimate judgment from which there can bee no appeale to any earthly Tribunall is the high Court of Parliament An Ordinanc of man is an Ordinance of God not to be disputed but obeyed in all cases actively or passively faciendo aut patiendâ— when that has made or declared a Law then every mans mouth is stopt it is an anointed truth and may not bee questioned by any murmuring or contradiction I know a reason why every man should be reckoned irreligious unlesse the contrary appeare because every man is borne so to judge him religious I must see some fruits of it which in a Judge should always be green visible and conspicuous to the eye and judgment of every godly professor But all is not gold that glisters true yet there is no Gold but doth glister certainely men that in these times are preferred to fit at the Sterne ought to be eminent for Grace and Piety others that are but at the Oares honest civill sober men may do much good in their stations But the question truely stated will be this what if the best Lawyers be not the best men or what if hee that is as it were heire apparent to a Judge be not in the appearance of good men an heire of heaven would you have Lawyers leape into the Chaire and not by degree take their turnes Per saltum non per gradum but before I answer I aske further Is he fit to bee a prime Courtier on earth to execute the Lawes of God that is not a daily Courtier at the Thron of grace and such a just man that lives by his faith in Jesus Christ what may the full scope of the Apostle be to the Corinthians concerning this matter See the learned Annotations upon the first Cor. 6. this is a cleare truth that as all lawfull externall callings are from men so the internall is from God I shall presume to insert a pleasant story By the constitution of the Popedome upon the death of a Pope so soone as the Cardinals can conveniently meet together they are all put into the conclave and have nothing but bread and water till they be agreed and the Election must bee by two parts of the suffrages as it there be 30. Cardinalls he that is chosen Pope must have twentie voyces now a Pope being to be chosen fifty Cardinalls met 30. Divine Beza called him Cardinall Quadrato He was so good a trencher man Qui habebat nasum cherubinum quia non potuit esse cardo ecclesia apostatia per caput vult esse per â—asum mentioned by Horace Nunc est biâ—endum c. were for one and twenty for another which being no Election and they having continued 3. or foure dayes and no hopes of agreement one fat Cardinall that stomackt the businesse for want of his Capons and Pigeons and unguentary Greeke and Albauwines fell a sleepe and waking told them that now the difference would bee ended for neither of the two must be the man for he had received a revelation in his dreame that it was the will of Jesus Christ that one Clement should be Pope and he askt them whether hee was not without exception
party threatens to destroy the Parliament and so to drye up the fountaine of all our lawfull Libertyes the Parliament desires not to diminish his Majesties just grandor but to defend themselves and the Kingdom from violence and oppression For what ayme can a House of Commons have but the Common good But I leave that blesse God for what I see of some new elections of honest religious Lawyers of our society my life upon it Anonimous they will have no designe but the Kingdomes happinesse I tell thee none so fit as such Laweyers to be elected I doe not one whit disparage Gold when I say a Diamond is more valluable but I will make no such difference this I know I may say without offence that an honest Lawyer is as a 22 s. peece and an honest Gentleman as a 20 s. the reason is because he is both a good man and a Lawyer now a double sufficiency abillity must alwaies be preferred before a fingâ—e I would not so much advise as intreat my dear Countreymen that they would seriosly consider that the happines of this Kingdome is principally wrapt up in good elections it being of as great publique concernement for Countyes and Burroughs to choose worthy Patriots for Knights and Burgesses as the choyce of a wife is for any mans private happinesse wherein once to erre is to be undone perpetually And therefore to be exceeding carefull to choose men well principled for truly if there be not the Anchor of sincerity a principle of grace above pure naturalls it is a greâ—t marvaile if such men be not carried away with the winde tide of private advantages looking too much after the cock-boat of particular pecuniarie or amicable interests and so neglecting the ship of Sate Men of publique spirits that have been active and faithfull in times of greatest danger It is all the justice in the world that those which have suffered most for the Kingdome should be honoured by the Kingdome not to choose lookers on much lesse a It was a most gallant speach of My much honoured Lord the Noble Earle of Deubigh that if his Lordship knew of one drop of Malignant blood tunuing in his veines he would let it out himselfe Malignants or Neutrals which wise Solon could never indure as judging them rotten-hearted to the State that lay onely upon advantages to joyn with the stronger Party Then Faith b Spiritus Regenerationis et Regiminis faciunt felix Maritaginum Faithfulnes being premised the more humane learning the greater parts abillities indowments in all other respects both mentall and corporall the better it must needs be without exception because humane learning is consecrated and appoynted by God for publique government and certainly he that undertakes so weighty a businesse with feare and trembling and a Godly jealousie over his owne heart and abillities continually imploring Caelestiall assistance is the likeliest man to be instrumentall for all our happinesse for c As ingenious Mr. Withers observes who hath prevented me in this subject in many juditious Observations and directions Had it not been for our Renowned Hâ—mdens Pyms Goodwinâ— nonâ—e actum fuissâ—â— de Libertatibus truly to be a Parliament man requires a piercing judgement and a deep foresight into publique administrations this I would onely begg of my deare Countrey men that in doubtfull cases when many may justly be elected that they would allwayes preferre him who in the constant course and tenor of his life hath given largest testimony of his love and affection to God and goodnesse for truly Iesus Christ hath saved the Kingdome But if all Electors should not walke by that rule it does not any way reflect upon the non elected no more then when two noble Gentlmen court a worthy Lady where one must needs have a deniall He that in the sincerity integrity of his heart desires to serve God by serving the Kingdome in a publâ—ck way if he be lawfully called thereunto internaly by God externally by man he may l ve with content and shall dye with comfort as the wise Venetian that was not called to the Senate said I rejoyce that there are 500. abler men in the Citie then my selfe It is a most happy condition to be ever doing good and to be just serviceable to our generation in sincerity without hipocrisy but what paines soever any man takes for his Countrey it is but cracking an hard shell the kernell is his owne sweet content here and perpetuall mansions hereafter Vendidit hic auro Patriam As on the contrary Traitors to their Countrey Subverters of Lawes and Libertyes will be placed in the worst chambers in Hell before selfe-Murderers As for Reformation in Courts of Justice where any thing is amisse I protest it is my highest ambition I ayme it in my profession there is an envious opinion which I would fain remove that Lawyers are enemyes to Reformation in matters of Justice I am sure every honest Lawyer heartily desires the good of his Country whatsoever the Parliament shall conclude most conducible to publique justice I hope we shall embrace with all alacritie knowing that we are a considerable part of the Kingdom what is good for the whole body must needs be good for every part of it Indeed if there be any malignant or newtrall Gown-men or Swordmen that have publick imployments high Places â—erdate vâ—i â—â—iori â—â—ista loquiâ— qui est omâ— homo â—t conspiraâ—ta Daemonia Take heed Gentlemen saies the Italian when a Jesuit comes to aske any question for where great parts and little honesty concurr then Caveto be your Councellor And truly that word Sword men puts me in minde of our pretious Armies which no doubt are dear to the remembrance of every good man as the most vertuous Lady to an inamored Suitor It would be a very unrighteous thing and me thinks blame worthy to forget their extraordinary labours of love and to conclude a Lawe treatise or indeed to write any booke without an Honourable remembrance of them that have been so instrumentall to maintaine our Lawes and happy Government For I know no greater Argument to perseverance next to an inward Principle of goodnesse then that honest men are fully perswaded that a man is just and gratious for a great ingagement lyes upon him to answer expectation Greater love did never any Nation show then the most honoured Brethren of the Kingdom of Scotland to come in so freely to help the Lord against the mighty the Lord recompence it and all the good that they have done for us unto them with all Spirituall and Temporall Benedictions What Laurels of honourable Prayses are due to the most Noble late Lord Generall Illustrious Essex to numerous gallant Commanders under his Excellencies command Oh that we had an Homer to sing the praises of every good and great Achilles The King of Sweden was wont to say upon the death or
repugnant to Gods command of not pittying the poor in Judgement because it is after Judgement in the nature of an equitable clemency to mitigate the severity of an introductive Lawe made and continued at the best for the hardnesse of mens hearts for by the Common Law it is not so Indeed the malignity of writs of Error consisted in this that rich men will scarce ever obey the Law when Judges have ordered reason P. 39. l 31. If there be any such Counsellors that sell their silence as well as their words take money not to be against them as the Indians are said to present the dâ—vil least he should hurt them Ne noâ—â—at that promise to be at 3 Bars at the same time ubiquitary Practisers as I hope there be none that purposely do soe let them think of the day of Judgement quando Iudicia erunt reversa post Iudicium Luther which will be a righteous Declaration without the least Error and tremble for fear least another day they should run about to the Courts of Radamanthus Eacus and Minos I cannot omit a story told us going to see the finest prison in the World at Pavia at the crossing of the Po Padus every mans horse leapt boldly into the Barke but one that would not by any meanes enter till at length a passenger whispered in the horses eares and in he came with courage the Ferry-man thinking it might stand him in great stead to know the words prevailed with the passenger to tell him which were these Sicome lanima de Cattivo Avocato va al casa del diavolo cosi va tu sopra questa barca As the Soule of a wicked Lawyer that cozens his Clients goeth to the house of the devill so leape thou into this Boat P. 43. l. 26. Yet I confesse there may be somtimes good use made of Law-subtilties and niceties to find out a starting hole for the poore and oppressed as the Phisicians make good use of poyson or sometimes to pay an old oppressor in his own coyne I confes I doe not hold a it Christian proverbe to deceive the deceiver because we must ever in bargaining doe good against evill yet peradventure a man that hath bin cozened without legall remedy may by some after subtilty make himselfe a saver and that justly the Spaniard saies to cuckold the Adulterer is but to get a Fox or wolfe into a trap however that be not righteous yet many times I observe the finger of God in the mistake of a word or syllable to helpe the oppressed P. 48. l. 27. For truly to be no more dextrous in administrations of justice now then formerly is for a man to be no wiser at 60. then at 30. for it is not in Courts as in our bodies that men are at their strength at 30. and then a staye and after a declination but a fountaine continually sending forth fresh and sweet waters of justice P. 54. l. 1. Would you have finer cloth then is made of English wooll no blessed be God there are enough that are Infra causam meriti But is there any way alwayes to be sure to have good Judges I know one and that 's infallible that the Lawyers be all of them good men for they are heires to judiciall places P. 55. l. 29. For truly to put a young Gentleman to study the Lawe without direction is to send a Bark without a steeres-man saile or anchor into an angry Sea Mr. Littleton being undoubtedly the most crabbed Author to begin with of any Science in the world plaine ground is ever best for young excercisers P. 50. l. 4. Truly It did me good to heare in a Kentish Case the last Terme where the question was upon a tryall about passing an inheritance without the word heires now the reverend Judges declared the Lawe according to the intent of the parties in purusance of the consideration which is the meritorious cause of every Contract Page 69. Tacitus said of usury quod in Civitate nostra semper vetabitur semper retinebitur obduritiem cordis Page 75. l. 20. After Tyrant read but I am utterly against their practising before the right honourable Lords for though the Judicatories and priviledges be distinct to many purposes yet as to the Grand Concernments of state it is rightly stiled the High Court not Courts of Parliaments which being the two eyes of the Body politique can no more look severall wayes then a man can with one eye looke up and downe with the other and then if any matter which hath bin dijudicaced in one of the honourabâ—e Houses should humbly be â—resented to the other how can it be avoyded but that the same person would be both Judge and Counsell which I conceive to bee a stronger case then my Lo. Dyers that a man cannot be Judge of the Kings Bench and Common pleas for so he might reverse his owne Judgements and that was the reason that if a Parson had bin made a Bishop it had bin an avoydance by reason of subordination certainly for a man to bee Judge in one Court and a practiser in another is a great Error in politiques and I am sure not permitted in any other Christian Kingdome Page 77. l. 12. Good Countrymen bee for ever exceeding carefull in all your Elections let no subtill crafty Malignant for feare or favour procure himselfe to be Elected to disturbe our blessed Counsells If a pure Virgin should cry out and crave your helpe would you not sly to her assistance truly Justice is an immaculate Virgin and craves your helpe to send Religious just and sweet spirited men to keepe the fountaine pure or else no marvaile if the streames of Justice be polluted Page 38. For he makes more motions in a Tearme then another in a yeare as the famous Florentin Sculptor Donatello being desired by the Consuls to make a statue askt 50. l. for it they thinking it too much imployed an ordinary artificer who askt 100. l. for it they being angry referred the price to Donatello who awarded him 80. l. saying I could have made it in a Moneth but the other was three Moneths about it Page 6. And so I have seene a Petion in the behalfe of the poore Cloth-workers full of sad complaints If those many poore soules might have Justice at a cheape rate and speedily against the transgressors of many excellent statuts how could it revive their drooping spirits but let all honest hearts chere up I doubt not but we shall have speedy Iustice the wages of the servant recovered before morning Libertie written upon every Mans doore Christian Lawes in all points establishd free trade for the glory of the Nations and all Monopolies banisht for ever Lastly But the ancient Maximes of the Common Law are in many cases manifestly deluded for contrary to the Statute of 4. H. 4. after Judgements in Ejectments new actions are brought verdit against verdit Judgement against Judgement without Attaint or Error as in the case of the Kentish custome of devising to use the word of the Lord Chancellor ELLESMEre suits for one and the same cause are caried from Court to Court as power and might of the parties or favour and affection of the Judge oâ— corruption of the Officers or subordination and perjurie of witnesses or such like shiâ—ts and trickes as can best accommodate the businesse but blessed bee God never such worthy Judges as now the Lord be with them in all their Jugdements and increase the numbâ—r of Religious and faithfull Judges for this Kingdomes happinesse Because there is some oppinion printed that the Equity or Iniquity of a Jugdement ought not to be questioned in Chancery I think fit to subjoyne the Lord Egertons words some that take pleasure ludere in verbis dormitare in sensibus and so dispute de apicibus juris aequi boni ratione praetermissa and professe learning pueritia literali non Intelligentia spirituali have prest and strained the statute of 4. H. 4.23 not onâ—y against the Popes usurped Authority but the Chancery thereby opposing the King against himselfe who is equally present in all his Courts and what need had the Lords and Commons to ingage themselves to stand with â—he Crowne against the Chancery oh that his Majesty would yet at the length forsaking aâ—l destructive ways ingage himselfe with his Noble Lords and Commons against all Antichristian power sinne and profanenesse grounding their conceit upon the words or else where which was at Anignon where the Pope resided aswell as at Rome and so I hope I have fully satisfied my Antagonist Antinomist to whom I wish well in Christ Jesus FINIS ERRATA PAge 10. line 5. for heaâ—ing a read heavy p. 15. l. 30. for his r. the others p 16. r. precipitous p. 19. r. Lovies case 20. r. murderer p. 23. l. 23. r. sweare his discharge Sulfa terra p. 26. r. Chancery p. 43. l. 8. r. in abeiance p. 44. l. 17. r. Counts p. 45. r. secunda 48. Vergerus falls p. 49. r. nubeculam p. 57. r Hosterie 83. of land is happily l. 29. r. this 3 r. r. the p. 84. l. 3. r. so ls 27. r. that should be lâ—ke 35. r. luminary 36. r. sublimate the lesser p. 87. for tryall r. legall p. 88. l. 4. r. these sad distractions l. 12. r. these p. 71. for creditors r. debtors and read 11. Eliz. Cartwrights case Camb.